In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, November 14, 2017 at 5:00 p.m. in the Cafeteria, Administration Building, One Capitol Hill, Providence, RI.

Members Present
Jennifer Cervenka, Chair
Raymond Coia
Don Gomez
Ron Gagnon, DEM Rep
Mike Hudner
Trish Reynolds
Michelle Collie

Members Excused
Jerry Sahagian
Joy Montanaro
Lisette Gomes

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
James Boyd, Coastal Policy Analyst
David Reis, Spv Environmental Scientist
Anthony DeSisto, Legal Counsel
John Longo, Legal Counsel

1. CALL TO ORDER

Chair Cervenka called the meeting to order at 5:00 p.m. and gave directions on exits, restrooms and interpreter services for language and hearing.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Cervenka called for approval of the minutes from the previous meeting.

Councilmember Hudner, motioned for the approval of the minutes from the October 24, 2017 Semimonthly meeting; seconded by Council Member Gomez. vote.

3. STAFF REPORTS

None were heard.

4. SUBCOMMITTEE REPORTS

None were heard.

5. FEDERAL CONSISTENCY FOR CONSIDERATION BY THE COUNCIL:

2016-10-099 NATIONAL GRID LNG, LLC (NGLNG): Construct and maintain a new natural gas liquefaction facility ancillary to the existing liquefied natural gas (LNG) tank and associated vaporization plant and truck station located at 121 Terminal Road, Providence, RI. The proposed natural gas liquefaction facility (Project) will be constructed on a portion of the 42 acre property owned by Narragansett Electric Company (TNEC) d/b/a National Grid, and leased to NGLNG. The Project will be constructed adjacent to National Grid’s existing LNG storage tank and vaporization plant. Nine to eleven (9-11) feet of clean fill will be placed on the Project site to elevate the proposed liquefaction facility to an elevation 21 feet (NAVD88) to avert inundation during a 100-year storm event. The fill slope constructed to support the Project will be protected

by a riprap slope armoring (revetment). The natural gas supply for the Project will be provided by an existing natural gas pipeline, which runs beneath the Providence River to the site. Liquefied natural gas will be stored in the existing LNG tank that is connected to existing tank fill lines as part of the existing LNG truck station. Stormwater runoff from the Project will be directed to a sand filter for treatment before discharge to the Providence River. A variance is required from CRMP Section 140.B.1 for construction of the proposed revetment protected slope and placement of clean fill material within the 50-foot coastal feature setback.

National Grid LNG, LLC is seeking a federal license, permit or authorization from the Federal Energy Regulatory Commission (FERC) pursuant to Section 7(c) of the Natural Gas Act (U.S. Code 15 § 717). Federal actions, including the issuance of federal licenses, permits or authorizations that are reasonably likely to affect any land or water use or natural resources of a coastal zone must be consistent with the enforceable policies and standards of the federally approved state coastal management plan. While FERC’s jurisdiction in this matter preempts state law, it does not impact the CRMC’s federal consistency authority and jurisdiction of the Project pursuant to the federal Coastal Zone Management Act (CZMA), 16 USC §§ 1451-1464, and the CZMA’s implementing regulations at 15 C.F.R. Part 930 Subpart D – Consistency for Activities Requiring a Federal License or Permit.

Therefore, the Council will not be issuing an Assent for this Project; rather the CRMC will be issuing a determination as to whether the Project is consistent with the enforceable policies and standards of the Rhode Island Coastal Resources Management Program (CRMP) in accordance with the applicable federal regulations of 15 C.F.R. Part 930 Subpart D.

Located at Port of Providence, 121 Terminal Avenue, Providence, RI.

Chair Cervenka explained proceedings stating that National Grid will present their case and then the people who signed up to speak should keep their comments to a five minute time period to allow for everyone to speak.

Director Fugate explained the Federal Consistency process stating that the Federal Energy Regulatory Commission (FERC) preempts State Law on many issues and the CRMC reviewed the project based on a very narrow basis of our Federal Consistency authority. Director Fugate further stated that the CRMC could only review the project based on coastal effects in which the Coastal Management Program has enforceable policies. Director Fugate stated that after Council deliberation, a document with their decision will be filed with National Grid, FERC and the National Oceanic and Atmospheric Administration (NOAA). Director Fugate also explained that the Council’s staff had extensive discussions with NOAA and that NOAA had reviewed CRMC staff reports and had indicated that Council staff had confined their comments to the coastal effects. Director Fugate stated that when the determination is made and put into a written Decision, it is filed with the three entities; the only appeal avenue is for the applicant.

Chair Cervenka talked about the Council’s expectation of audience participation.

Director Fugate added that based on materials submitted and representations of National Grid, and other than the two area that are deferred to Council for their review, the CRMC staff did find the project consistent with enforceable policies of the CRMC program.

Present for the applicant are:

Robin Main, Attorney for National Grid
Anthony LaRusso, Project Director for National Grid US Business Development Division Matthew Page, Engineer for GZA
Igor Runge, PhD, Engineer for GZA

Attorney Main, representing National Grid LNG explained the proposal to construct a national gas liquefier at their current storage facility located at the Port of Providence off Allen’s Avenue. Attorney Main explained introduced the members of the team that worked on the NGLNG CRMC certification which made up part of the record. Attorney Main stated that NGLNG believes that its proposed activity will be conducted in accordance with the enforceable policies of the CRMP. After introduction of NGLNG team, Attorney Main asked for the opportunity for rebuttal after public comment.

Anthony (Tony) LaRusso was sworn in, identified himself for the record and his Resume was submitted as Exhibit 1. Tony confirmed his education, experience and position with National Grid. Tony explained that liquefaction meant the turning of natural gas to LNG which means that the natural gas that is piped in is subjected to liquid nitrogen which cools the gas so that it forms a liquid which is -260 degrees Fahrenheit.

Using an aerial photo, submitted as Exhibit #2, Tony described the physical aspects of the location of the project stating that the LNG plant sits on 16.5 acres which is leased from the Narragansett Electric Company and will stay within the confines of the existing usage area. Tony described the tank, the trucking roadway and scales, used for the loading and unloading system. Tony described that the LNG vaporizers are on the site which are water heaters that take the LNG and turn it back into natural gas. Tony explained that the 1.8 acre open area north of the trucking roadway is where underground gas main runs along the top and is the source of the gas that will be liquefied. Tony explained that gas main has the added benefit of being close to the LNG tank – the pipe will be connected to the tank for filling through the pipe as opposed to having LNG trucked in. Tony added that there will be no change in the tank and that it is not under review which depicts the site if the plant is built. Tony stated that there will be no pumps and that the tank will fill due to pressure. Aesthetically the colorings of the facility will match what is there. Tony explained that the facility will be raised to 21 feet above NAVD88.

Tony explained to the Council that the LNG tank is used for peak shaving, meaning that it supplements the supply when there is not enough on the coldest days of the year.

Tony explained the need for this facility to be the basis for easier distribution within the country without having to rely on importing gas. This plant will create a more reliable source.

Tony explained that the facility will be constructed in these steps:

Underground utilities, electric conduits, water pipes will be placed; Raise the site to 21’ for storm resilience purposes;
Foundations will be put in;
Placement of equipment on the foundations;

Erecting the buildings around the equipment; and then, Electrical and piping tie-ins.

Tony stated that an estimate of 155 skilled labor jobs would be added for construction of 23 month project and the operation of the facility will be increased by five people.

Tony stated that there would be little to no change in trucking activity from this site.

Tony explained that the facility was being built to sustain winds of 150 miles per hour and that the raising of the facility along with the increase of the berm around the tank to 30’ high would also protect the facility in the event of a significant storm event. Tony stated that if a storm was imminent, the liquefier would be shut down and that the plants were constructed with nonflammable materials. This project is designed to withstand severe weather.

Tony explained that the lifespan of the facility was requested to be a 30 year life expectancy of plant with good maintenance and that at the end of the life expectancy, the facility would be decommissioned and equipment removed.

Tony confirmed that the RIDEM STRAP approval report was issued in October of this year. Council questions for Anthony LaRusso:

Councilmember Gomez asked how they arrived at 21’ level. Tony LaRusso stated that they used future sea level rise and storm surge.

Chair Cervenka asked about LNG storage. Tony LaRusso stated that the storage was not changing whatsoever.

Councilmember Hudner asked if vaporizer would remain operational. Tony LaRusso confirmed that it would remain operational.

Chair Cervenka asked about the 30 year lifespan. Tony LaRusso confirmed that it had been designed for 30 year lifespan. Director Fugate explained elevation data based on storm tools and FEMA data

Chair Cervenka asked about a decommissioning plan. Tony LaRusso explained that the decommissioning is part of an abandonment proceeding with FERC at the end of the lifespan.

Councilmember Reynolds asked about foreign source dependency. Tony LaRusso stated that this new plant would reduce the need to import from foreign sources completely.

Attorney Main called her next witness: Matthew Page, of GZA, who was sworn in and identified himself for the record. Matt described his education and professional background and confirmed that he is a licensed engineer, licensed in both Rhode Island and New York. Matthew Page’s resume was made Exhibit 4. Matt described his contribution to this project stating that he was responsible for the design of the proposed armored slope revetment that would structurally support the proposed upland area while providing flood and wave protection to the site. Matt explained the location of the revetment stating that it extends approximately 350 in an east/west direction tying into the exiting containment dike. Matt explained that the revetment would act as protection to support the 21’ raise in grade. Aerial photograph submitted as Exhibit 5 – existing site conditions. Matt described existing and proposed conditions of cross section plan stating that he prepared the

document to illustrate the design of the proposed armored revetment. (Exhibit 6 marked) The Council did not have any questions for Matt Page.

Attorney Main called witness Igor Runge, from GZA who was sworn in and identified himself for the record. Igor described is education, experience and professional background, confirming that he had a PhD in civil and environmental engineering. Igor’s resume was submitted as Exhibit #7. Igor explained his background of permitting with RI environmental agencies and confirmed that he had been before the Council on previous occasions. Igor explained that his primary focus on this project was the stormwater system for the facility to treat the stormwater coming off; and, all CRMC permitting where he made sure all consistency regulations were complied with.

Igor explained their consistency with Variance criteria stating that they were requesting a variance for 35 feet to the 50-foot setback. Igor explains that six criteria they met in order to meet the variance criteria – Type 6 waters, no use change, no environmental impacts, public access restricted due to FERC project, slope and stormwater will improve conditions on site; minimum variance needed; variance not due to prior action of applicant; undue hardship as the project has to be in that location as it minimizes piping.

Igor addressed the 11 Section 300 requirements: 1. There is a need for the facility; 2. FERC process limits other permitting required; 3. Located in Type 6 waters allowed for Industrial projects; 4. Stormwater system will treat stormwater and there is an armored revetment; 5. Property is void of vegetation; 6. No public access available under the guidelines of Homeland Security; 7. No work would be done in tidal waters; 8. Water quality would be taken care of due to the state of the art stormwater treatment system; 9. Received a letter from RI Historical Preservation and Heritage Commission stating there would be no effect on historical data; 10. No conflict with other water uses as it is Type 6 waters; 11. No scenic changes as the character of the property would not change from what it is at the moment; an industrial facility.

Igor explained that the Energy Amendments of 1978 do not apply to project because it is a FERC project; however, all three thresholds have been met.

Igor explained that the Special Area Management Plan – Providence Harbor MetroBay would not apply as noted in staff report.

Igor concluded that the project conformed to the approved requirements of CRMP.

Attorney Main had no further questions for Igor Runge.

Council questions for Igor Runge:

Councilmember Gagnon asked about sand filter maintenance. Igor explained that they would be maintained on site on yearly basis with yearly inspections.

Councilmember Reynolds asked if stormwater system would capture the entire site or just the area of new construction. Igor stated that the system would capture the area of new construction.

Councilmember Hudner asked and received confirmation from Matt Page that this is a 40+ year old LNG facility that will become a domestic export facility from the terminal by trucks. Matt Page confirmed that there is no change in truck export.

Chair Cervenka asked for explanation regarding undue hardship (Section 120) if facility needed to be relocated. Tony Larusso explained that all other areas on the site were spoken for, that every effort was made to keep it far from the roadway.

Chair Cervenka asked for further details as to why the Energy Amendments did not apply. Igor Runge explained that as a FERC project the licensing is federal and exempt from state requirements.

Attorney Main stated that she was concluded with three primary witnesses and requested a period of rebuttal and closing remarks after public comment.

Brief break..... resumed at 7:09 p.m.
Chair Cervenka opened the floor to Public Comment, asking to keep remarks to 5 minutes.

Greg Garret spoke about his objection to the FERC process and implored CRMC to work for RI residents.

Mark Genest spoke in support of the National Grid project as a National Grid customer who heats his home with natural gas.

John Gregory, President and CEO of Northern Rhode Island Chamber of Commerce, spoke in support of National Grid’s request to add liquefaction capability due to the addition of jobs for construction and 5 full time positions.

Katie Murphy, concerned citizen of RI, spoke against the project expressing concern regarding climate change and fossil fuel endangering coastal Rhode Island.

Meg Kerr submitted a letter of objection from the Audubon Society which was read into the record by John Longo and would be posted to the website for review.

Paul DeRoche on behalf of the Greater Providence Chamber of Commerce spoke in support of project expressing their belief that the project will provide a reliable source of energy for RI infrastructure and benefit the state economy.

Andrew Poyant, Environmental Scientist, spoke requesting denial of variance to work within the 50-foot setback as requested by National Grid as Andrew states it is not in compliance with CRMP. Andrew read parts of his statement regarding Section 120 variance objections and asked to be able to speak again at the last meeting on December 12th. Director Fugate stated that the December 12th date was not definite and that the process may be completed within two meetings.

Kristen Caffrey, Providence Resident, objected to the project on the basis that the project would not contribute to the sustainability and resiliency of the City of Providence. Kristen asked for a balance between concern for the economy, the environment and social equity.

Monica Huertas, resident of Providence for over 20 years with four children that lives a quarter of a mile from facility, objected to the project based on the health risks, such as asthma, that the residents of the area face due to the increase in trucking and the inaccurate efficiency claims.

Neesu Wushuwunoag, Traditional name Raymond Two-Hawks Watson, Ketasoot Sachem of Mashapaug Nahansett Tribe which is an American Aborginal Tribal Trust and Nation comprised of the natural inhabitants of the territories know as Rhode Island. Raymond expressed concern of the belief that the Tribe was not federally recognized, therefore, they were not given a voice during the process of review.

Aaron Jaehnig, RI Chapter of Sierra Club, expressed his opposition to the project stating that not all the state and local permits had been approved such as DEM Water Quality Certification, DEM Soil Remediation permit is in appeal process; therefore, consistency would be impossible.

Mike Sabitoni, RI Building Trades Council, was called but had left the meeting submitting a letter of support marked as Exhibit 10.

Greg Mancini, Build Rhode Island Coalition, was called but had left the meeting submitting a letter of support marked as Exhibit 11.

Kate Shapira spoke regarding the inconsistency of the project with Rhode Island’s current energy policy. Kate read remarks expressing her concern and her opinion that RI needs to reduce its dependence on natural gas.

Justice Gaines spoke on behalf of the Direct Action Rights for Equality (DARE). Justice stated that DARE serves the low income communities for political, economic and social justice. Justice spoke about the systematic racism of Providence’s southside and that the facility was considered environmental racism as natural gas could potentially leak in the air going through the lower income neighborhoods. Justice also spoke about global warming as it is happening now not a futuristic concept.

Ellen Truzzolo, resident of Washington Park and member of White Noise Collective, expressed concern regarding the public comment process and the Council’s role to listen to the public. Ellen stated that National Grid failed to demonstrate a need for the new facility. Ellen asked the Council to take a stand.

Leah Bamburger, Director of Sustainability for the City of Providence, present on behalf of the Mayor of Providence, Mayor Elorza, read for the record a letter of objection from Mayor Elorza and additional comments from the City of Providence. Mayor Elorza’s letter stated that the project was not in the best interest of the City and does not want to see the project move forward.

Christina Cabrera, Executive Director of the Environmental Justice League of Rhode Island, stated that they are against LNG facility and against the granting of the variance. Christina spoke of environmental injustice and inequality issues for the neighborhood. Christina expressed her concern to the Council that the facility would be more of an export facility and for profit of a corporate entity.

Christine Rayner, South Providence resident and physician, who lives within two miles of the site spoke in objection of the project stating the inherent health issues that would come from the project. Christine submitted a letter written by the Department of Health to FERC which was marked at Exhibit 12. The letter contained information regarding increased air pollution in Providence, increase in asthma rates where RI is already 14th in the country, cumulative effects of fossil fuel facilities that add up to climate change and the flourishing of tick population due to increase temperatures.

Wassa Bagayoko, representing RI Student Climate Coalition, object to the project due to its contribution to climate change and the perpetuation of the environmental racism imposed on the residents of Washington Park and South Providence. Wassa also spoke of health risks such as high asthma percentages for this area.

Sally Mendzela, Providence resident, objecting to the project as it gives nothing to the community, creates an environmental hazard and benefits only National Grid’s corporate interests.

Karen Palmer spoke about her concern that the project concerns further use of fossil fuels. Karen read an article that was submitted and marked as Exhibit 13.

Nick Katkevich, the Organizer of FANG Collective, spoke about artificially inflated gas prices in Massachusetts and Connecticut and that RI was being reviewed also. Nick asked the Council to look at the cumulative impacts of the pipeline systems, fracking and increase in trucking leading to increased diesel emissions, suggesting that the Council confer with RIDOT regarding trucking increase.

Chair Cervenka stated that comments would continue at the November 28th meeting.

Director Fugate explained again the CRMC’s scope of our review reiterating that FERC statute preempts state review and that NOAA dictates what CRMC can and cannot review.

9. ADJOURN

Mr. Coia motioned, seconded by Mr. Hudner, to adjourn.

Motion carried on unanimous voice vote. Meeting adjourned at 9:20 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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